HomeMy WebLinkAboutContract 20679 CITY SECRETARY
STATE OF TEXAS CONTRACT 0.0.�
COUNTY OF TARRANT S
This Agreement is entered into between AT&T Communications, Inc. ,
a Delaware Corporation acting on behalf of the Interstate Division
of the American Telephone and Telegraph Company and the AT&T
Communications interexchange companies (hereinafter "AT&T") and the
City of Fort Worth, a home rule city acting by and through its duly
authorized Assistant City Manager, Charles Boswell, hereinafter
referred to as "City".
WHEREAS, City is responsible for the placement of public telephones
on the premises listed in Attachment A hereto and has arranged for
the placement on such premises of public telephones owned and
operated by a local exchange telephone company ("LEC") , the•parties
agree as follows:
1. City represents and warrants that it is authorized to
make decisions concerning public telephone service at the
locations listed in Attachment A, including the right to
select the primary interexchange carrier for operator
assisted (110+11) interLATA telephone calls placed from
those locations.
2 . . City must inform AT&T of the telephone line numbers for
each of the LEC public telephones at the designated
locations listed in Attachment A ("locations") and all
changes or additions to those numbers. City may direct
the appropriate LEC to provide AT&T with such
information, but AT&T is not obligated to pay commissions
unless and until it has been provided with- correct line
numbers for the LEC- public telephones.
3 . City will use its best efforts to retain the placement of
the LEC public telephones at the locations listed in
Attachment A during the term of this Agreement. If the
number of LEC public telephones covered by this Agreement
decreases substantially, AT&T has the right to terminate
this Agreement.
4 . To the extent that applicable rules or regulations permit
City to select the interexchange carrier for all 110+"
dialed interLATA calls, City must make arrangements so
that all 110+" interLATA calls from the LEC public
telephones at the locations listed in Attachment A are
routed to AT&T. City's duty to make such arrangements
will continue during and after implementation of a
presubscription plan for LEC public telephones, subject
to the terms of paragraph 6 of this Agreement. if_"N
_'-OP applicable rules and regulations change so that City is
f �p�ry"�' ��{�• pp 0 no longer able to select the interexchange carrier for
all 0+ dialed lnterLATa calls, City' s duty to route
NOV 111994
C1 r of FORT r WORTH 10V 0 4 1994
ELECTRONIC DLO. ��
such calls to AT&T will end, and AT&T will not have any
obligation to pay commissions to City.
5. AT&T agrees to pay City a commission as described in
Attachment B on the billed revenues for Non-Sent Paid
(i.e. , collect, credit card and billed to third number)
AT&T calls placed from the LEC public telephones at the
locations listed in Attachment A, provided that:
a. City complies with all of the requirements in
paragraphs 1-4 above.
b. City will provide. AT&T . or its designee with
reasonable access to City's records relating to
this Agreement..
6. This Agreement began on July 16, 1994 and will expire .on
July 15, 1995; provided, however, that AT&T may terminate
this Agreement with respect to any or all of the
locations listed in Attachment A by sending written
notice to City if the Federal Communications Commission,
a State Public Utilities Commission or a court of
competent jurisdiction issues an order or ruling which
contains terms or conditions that materially and
adversely affect this Agreement, its profitability to
AT&T, or the ability of AT&T or City to perform its
obligations as set forth herein. AT&T has the same right
to terminate this Agreement if a LEC implements an equal
access plan for its public telephones . that does not
permit City to select the interexchange carrier for all
"0+" dialed interLATA calls. Termination of this
Agreement under this paragraph will not give City any
right to seek damages from AT&T as long as AT&T complies
with its obligations to City up to the date of
termination.
7 . Except in cases involving willful or wanton conduct,
AT&T's liability to City is limited to its obligations to
pay commissions as described above. AT&T SHALL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND,
INCLUDING LOST PROFITS (WHETHER OR NOT AT&T HAD BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) , BY
REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER
THIS AGREEMENT.
8 . Any technical or business information or data disclosed
or furnished to City by AT&T ("information") , including
all information relating to AT&T calls, remains the
property of AT&T. When in tangible form, this
information must be returned upon request. All such
information must be kept confidential by City and be used
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only in City's performance under this Agreement, unless
the information was previously known to City without any
obligation of confidentiality or is made public by AT&T.
9. City appoints AT&T to act in City's name to handle all
arrangements with LEC's to select AT&T as the 110+11
carrier for all current and any future LEC public
telephones installed in all locations under City's
control. It is understood that only one 110+" long
distance company may be selected for a LEC public
telephone, and that the selection of more than one 110+"
long distance company for a LEC public telephone may
invalidate any choice. It is further understood that
there may be a charge by the LEC(s) for each public
telephone line if there is a charge in choice of 110+1'
long distance companies following the initial selection.
10. Any notices, invoices, current statements or commission
checks required under this agreement shall be
conclusively determined to have been delivered to either
party at the time same is determined to have been
delivered to such party at the time same is deposited in
the United States mail, in a sealed envelope with
sufficient postage attached, addressed to such party at
the address listed below:
City of Fort Worth
Attn: Superintendent, Electronics Services Division
City of Fort Worth
1515 11th Avenue
Fort Worth, Texas 76102
AT&T Communications Inc. ,
Attn: Account Executive for City of Fort Worth
5501 L.B.J. Freeway, Room 200
Dallas, Texas 75240
11. AT&T shall perform all work and services hereunder as an
independent contractor and not as an officer, agent,
servant or employee of City. AT&T shall have the
exclusive control of, and exclusive right to control, the
details of its work and services performed hereunder, and
all persons performing same, and shall be solely
responsible for the acts and omissions of its officers,
agents, servants, employees, contractors and
subcontractors. The doctrine of respondeat superior
shall not apply as between City and AT&T, its officers,
agents, employees, contractors and subcontractors.
Nothing herein shall be construed as creating a
partnership or a joint enterprise between City and AT&T,
its officers, agents, employees, contractors and
subcontractors.
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12 . Should any action, whether real or asserted, at law or in
equity, arise out of the execution, performance,
attempted performance, or non-performance of this
Agreement, venue for said action shall lie in Tarrant
County, Texas. This Agreement and any action in
connection herewith is and shall be governed, construed
and enforced by the laws of the State of Texas.
13 . The failure of City or AT&T to insist upon the
performance of any term or provision of this Agreement or
to exercise any right herein conferred shall not - be
construed as a waiver or relinquishment to any extent of
the rights of City and AT&T to assert or rely upon any
such term or right on any future occasion.
14. In case any one or more of the provisions contained in
this Agreement shall, for any reason, be held to be
invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not
affect any other provision of this Agreement, which
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
15. Neither AT&T or City may assign any or all of its rights
under this Agreement without the express written consent
of the other, which consent shall not be unreasonably
withheld or delayed. This Agreement shall be binding
upon the parties, their successors and assigns.
16. This 'Agreement and any attachments hereto constitute the
entire understanding between the parties. They supersede
all prior understandings, oral or written
representations, statements, negotiations, proposals and
undertakings with respect to the subject matter hereof.
All amendments to this Agreement must be in writing, must
refer specifically to this Agreement and must be signed
by authorized representatives of the parties.
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IN WITNESS WHEREOF, the parties he eto have exec te , his
agreement in multiples in this Q�b. day of 6 to
1994 to be effective as of July 16, 1994.
AT&T COMMUNICATIONS, INC. THE CITY OF FORT WORTH
By: y By: Q
Title: T'Chm-, /�J57 'Tp" Title: AWt�-
Address: Address:
1000 Throckmorton
Fort Worth, Texas 76102
7;7 7 5"0 410
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
By:
AT&T Senior Attorney City Secretary
Date:
APPROVED AS TO FORM AND
LEGALITY: /
By: a. L
City Attorney
.Date•
Contract Ai thorizatioon
Date
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ATTACHMENT B:
AT&T INDIVIDUAL COMMISSION PLAN
This form details the AT&T Individual Commission Plan.
1. The commission rate payable to City for (a) the locations
listed in Attachment A and (b) the term of the Agreement are set
forth below:
Total Number of Public Telephones Commission Rate
At a Location Routing 110+11 On Billed Revenues for
InterLATA Calls to AT&T Non-Sent
Per Attachment- A Paid AT&T Calls From
LEC Public Phones
158 22%
2. AT&T Non-Sent Paid Revenues will be calculated based on a
monthly period beginning on the 16th day of each calendar month and
ending on the 15th day of the following month. AT&T reserves the
right to pay commissions on a quarterly or semi-annual basis.
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City of Fort Worth, i�12.�-*,,l
Mayor and Councif Communication
DATE REFERENCE FIBER LOG NAM PAGE
10/11/94 **C-14513 04AT&T 1 of 1
SUBJECT AGREEMENT WITH AT&T COMMUNICATIONS, INC. FOR LONG DISTANCE
TELEPHONE SERVICE FOR COIN PHONES LOCATED IN CITY PROPERTY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a one-year
agreement with AT&T Communications, Inc. for operator assisted ("0 Plus") long distance
service for coin telephones located on City Property. This agreement will generate an estimated
revenue to the City of $20,000.00 from commissions paid by AT&T. The term of the agreement
will be July 17, 1994 to July 16, 1995.
DISCUSSION:
There are 158 coin telephones owned by Southwestern Bell Telephone Company installed in City
facilities for use by the public. Long Distance operator service to these phones in this and
previous years has been provided by AT&T, for which it pays to the City a commission of 22%
of the total revenues received from operator assisted ("0 Plus" and credit card) calls. In previous
years the commission has been 20%.
FISCAL INFORMATION/CERTIFICATION:
This agreement does not require any expenditure of City funds. The Communication Division of
the Information Systems Fund is responsible for collecting the funds due the City from this
agreement.
CB:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
CITY Charles Boswell 8500 CITY COUNCIL
Originating Department Head: j
OCT 11 1994
Charles Boswell 8500 (from)
For Additional Information C.I4$ bry Of Im
Contact:
Charles Boswell 8500
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